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CAN YOU REQUIRE EMPLOYEES TO WORK DURING PUBLIC HOLIDAYS?

The National Employment Standards provide that the employer can request an employee to work on a public holiday and an Award outlines what payment the employee would receive for agreeing to do so.

Employers can request their employees to work on a public holiday if the request is reasonable. To determine if it is reasonable, the employer must:

• provide reasonable notice of the request;

• discuss the request with the employee;

• consider the employee’s circumstances when making the request; and

• acknowledge that the employee has the right to refuse, and when they do so, the employer cannot take adverse action (i.e., disciplinary action or reducing the number of shifts) against them.

If the employee agrees to work on a public holiday, they may be entitled to be paid penalty rates for the hours worked as per the relevant industrial instrument (an Award or Enterprise agreement).

In a recent case, The Federal Court of Australia has ruled that employers can request an employee to work on a public holiday but may not force the employee to work on public holidays without their consent, even if it is in their employment contracts.

If you need any further information, contact our HR team on 07 3273 0800.

Written by Emma Ross, Senior Human Resources Advisor